Vesna N. Change and termination of a contract as a civil legal relationship

The author analyzed the legal regulation and scientific approaches to understanding the change and termination of the contract as a civil relationship in the dissertation research. The author proves the necessity of delineating the legal nature of the proposal to terminate (change) the contract and proposals to conclude an agreement. The author substantiates the position that the agreement can recognize not only the agreement of the parties but also the legal form of determining the relationship between them. In the legal relationship to the termination of a contract, a civil law contract is a legal precondition, since it does not directly generate legal relations for termination, but is only an environment where they may arise and develop. Without a specific legal fact, the contract cannot lead to the emergence of legal relations for its termination. The author defines the criteria for the non-fulfillment of the contract: the unconditional performance is essential for the contract; failure to do so largely deprives the other side of what she could reasonably rely on at the time of the contract; the existence of reasonable grounds for the creditor to assume that the debtor will not fulfill his obligations in the future; the possibility of causing unreasonable costs to a party who has failed to fulfil an obligation if the contract is changed or suspended. Key words: amendment of the contract, termination, withdrawal from the contract, civil legal relationship, offer, acceptance, freedom of contract, debtor, creditor.